Assam: Gauhati HC slaps penalty on lawyers who represented non-existing petitioner in politically sensitive case

The Gauhati High Court has recently imposed a fine of Rs. 50,000/- each upon two advocates who had signed the Vakalatnama for a non-existing petitioner in a frivolous litigation which went on for more than six years. The case was filed in 2016 by one Ms. Beolin Kharbhih, who claimed to be a distant relative of one Sankar Prasad Nath, Ex-Deputy Superintendent of Police, CID, Assam. 

The petitioner alleged that the said officer was killed in a hit and run case and that his wife died under "mysterious circumstances." The petitioner further claimed that the officer was handling sensitive cases involving politically influential persons of Assam and Meghalaya and was receiving threats.

The court found that no specific allegation was made against a sitting judge of the Meghalaya High Court, whose name was struck off from the case. The court further discovered that no person in the name of Ms. Beolin Kharbhih (petitioner) exists, despite a thorough investigation by the CID.

The Court directed petitioner's counsel to secure personal appearance of the petitioner. However, the advocate for the petitioner took several extensions and ultimately submitted before the court on March 9, 2023, that the notice issued to the petitioner by registered post had returned back with an endorsement of "no such person."

The single judge bench of Justice Sanjay Kumar Medhi remarked, "It appears that the petition has been filed in a well-planned manner from which it is apparent that there has been a conspiracy. The Vakalatnama which contains the signature of the petitioner is accepted by Shri HS Kalsi and Shri RS Sadiyal as Advocates...while the writ petition is dismissed, cost of Rs. 50,000/- (Rupees Fifty Thousand) Only is imposed upon each of the counsel who has signed the Vakalatnama for a non-existing petitioner."

The court has also recommended to the Bar Council of Assam, Nagaland  to enquire the matter and take appropriate steps against the persons involved.